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CUCCINELLI v. RECTOR, VISITORS OF UVA

Record No. 102359.

722 S.E.2d 626 (2012)

283 Va. 420

Kenneth T. CUCCINELLI, II, in his Capacity as Attorney General of Virginia v. RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA.

Supreme Court of Virginia.

March 2, 2012.

Attorney(s) appearing for the Case

Wesley G. Russell, Jr. , Deputy Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Charles E. James, Jr. , Chief Deputy Attorney General; E. Duncan Getchell, Jr. , Solicitor General; Stephen R. McCollough , Senior Appellant Counsel, Counsel, on briefs), for appellant.

Chuck Rosenberg ; Jessica L. Ellsworth ( Stephanie J. Gold ; Catherine E. Stetson ; N. Thomas Connally ; Jon M. Talotta ; Hogan Lovells, on brief), for appellee.

American Association of University Professors, American Civil Liberties Union of Virginia, Inc., Union of Concerned Scientists, and Thomas Jefferson Center for the Protection of Free Expression ( Mark C. Fleming ; Lisa E. Ewart ; Robert M. O'Neil ; Rachel Levinson ; Rebecca K. Glenberg ; Bruce D. Brown ; J. Joshua Wheeler ; Wilmer Cutler Pickering Hale and Dorr; Bker & Hostetler, on brief), amici curiae in support of appellee.

Present: All the Justices.

OPINION BY Justice LEROY F. MILLETTE, JR.

The threshold issue in this case is whether the University of Virginia is a "person" under the Virginia Fraud Against Taxpayers Act (FATA or Act), Code §§ 8.01-216.1 through -216.19. For the reasons that follow, we conclude that it is not.

I. Background

This case arises from two Civil Investigative Demands (CIDs) issued to the University of Virginia and the Rector and Visitors of the University...

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